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HomeMy WebLinkAboutOrd 05-26 Approving Amendments to the Noise Ordinance Ord. No. 05-26, Item 5.4, Adopted 06/02/2026 Page 1 of 3 ORDINANCE NO. 05 – 26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENTS TO DUBLIN MUNICIPAL CODE CHAPTER 5.28 (NOISE) (PLPA-004348-2026) WHEREAS, the City occasionally initiates amendments to the Dublin Municipal Code to clarify, add, or amend certain provisions that are relevant to changes occurring in the community; and WHEREAS, the City initiated amendments to Dublin Municipal Code Chapter 5.28 to strengthen the noise regulations in residential areas related to landscape equipment and amplified noise; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and consider all said reports, recommendations, and testimony set forth above and used its independent judgement to evaluate the amendment; and WHEREAS, the California Environmental Quality Act (“CEQA”), together with the State Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The City Council finds that the Project is exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) as the Project would not result in any physical changes and it can be seen with certainty that there is no possibility that the Project would have a significant effect on the environment and is not subject to CEQA review. NOW, THEREFORE, The City Council of the City of Dublin does ordain as follows: Section 1. Amendment to Chapter 5.28. Dublin Municipal Code Chapter 5.28 is replaced in its entirety as follows: Chapter 5.28 NOISE 5.28.010 Findings. The City Council finds that the making, creation or maintenance of loud, unnecessary, unnatural, unusual or habitual noises which are prolonged, unusual, and unnatural in their time, place and use affect and are a detriment to the public health, comfort, safety, welfare, and prosperity of the residents of the city. The provisions of this chapter are enacted for the purpose of securing and promoting the public health, comfort, safety, welfare, and prosperity and the peace and quiet of the city and its inhabitants. 5.28.020 General prohibition. A. It is unlawful and a nuisance for any person within the city persistently to maintain, emit, cause, mechanically or otherwise, or permit any animal owned by him or in his possession or control to make any loud, or disturbing, or unnecessary, or unusual or habitual noise or any noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area. B. The standards which shall be considered in determining whether a violation of the provisions of this chapter exists shall include, but shall not be limited to the following: Docusign Envelope ID: 200E954C-9CAA-884B-812C-50529D07A1E4 Ord. No. 05-26, Item 5.4, Adopted 06/02/2026 Page 2 of 3 1. The level, intensity, character and duration of the noise; 2. The level, intensity and character of background noise, if any; 3. The time when and the place and zoning district where the noise occurred; 4. The proximity of the noise to residential sleeping facilities; and 5. Whether the noise is recurrent, intermittent or constant. 5.28.030 Prohibited Acts. A. Notwithstanding any other provisions of this chapter, the following acts are declared to be disturbing, excessive and offensive noises in violation of this Chapter: 1 Equipment Saturday – Sunday from 8 p.m. to 8 a.m. edgers, or similar landscape Noise Friday – Saturday from 10 p.m. to 10 a.m. speakers, musical instruments, or any other 1 This includes the R-1, R-2, R-M and similar, as determined by the Community Development Director, Planned Development districts. B. At any other time of day, such equipment or noise production shall be consistent with Section 5.28.20. 5.28.040 Violation—Penalty. Each violation of this chapter shall constitute a separate offense, and persons violating this chapter shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine not to exceed five hundred dollars ($500) or by imprisonment in the county jail for a period not exceeding thirty (30) days, or both such fine and imprisonment. Section 2. Effective Date. This Ordinance shall take effect and be enforced 30 days following its final adoption. Section 3. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. {Signatures on the following page} Docusign Envelope ID: 200E954C-9CAA-884B-812C-50529D07A1E4 Ord. No. 05-26, Item 5.4, Adopted 06/02/2026 Page 3 of 3 PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 2nd day of June, 2026 by the following vote: AYES: Councilmembers Josey, Morada, McCorriston and Mayor Hu NOES: ABSENT: Councilmember Qaadri ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk Docusign Envelope ID: 200E954C-9CAA-884B-812C-50529D07A1E4